Do It Out of Court – A Practical Guide to Dispute Resolution Processes in Family Law

In a world where an application to court should be seen in almost all cases as the absolute last resort, many family law practitioners surprisingly have little or no understanding of the benefit of ‘out of court’ dispute resolution processes and how they actually work on the ground. As the natural tendency is to ‘stick to what you know’ this can cause a nervousness and a reluctance to engage in any form of dispute resolution which is unfamiliar. This can give rise to unwittingly becoming ‘the other side’ whose intransigence is blamed for a failure to consider other alternatives. Mediation/arbitration training courses are expensive – and not everyone wants to do additional training beyond their skills as a family lawyer. The purpose of this practical guide is to provide you with everything you need to know to support your client through all forms of ‘out of court’ dispute resolution with complete confidence. First you are taken through the reasons why this might be beneficial to you as a practitioner – and of course your clients. You are then provided with a clear ‘step by step’ guide, intended to dispel all of the mystery of the unfamiliar. Armed with this clear and concise information you can comfortably move away from the court process and quickly find that there is an ‘out of court’ solution for almost every situation in which you are involved. ABOUT THE AUTHOR Karin Walker is the founder of KGW Family Law, a niche family law practice based in Woking. A former Chair of Resolution’s national DR Committee (2014-2017), Karin has always been keen to promote out of court dispute resolution. Her aim is to assist clients settle issues on separation through constructive communication. A Family Lawyer, Mediator, Collaborative Practitioner and Arbitrator, Karin is an established figure in the family law world. In addition to her highly successful practice, she also provides training for family lawyers and mediators and has lectured extensively on a variety of topics. She is co-author of the internationally best selling book ‘Divorcing a narcissist – the lure, the loss and the law’ and also ‘Narcissism and Family Law – a Practitioner’s Guide’. CONTENTS Introduction Section One – First Considerations Chapter One – Why, What and When? the Impact of the New Divorce Legislation Chapter Two – The Expectation of the New Client Chapter Three – Your Pressures as a Practitioner Chapter Four – Raising the Issue of Out of Court Dispute Resolution With Your Client Chapter Five – How to Approach the “Other Side” Chapter Six – The Real Purpose of the MIAM and How to Get the Best Out of That Appointment Chapter Seven – The Bespoke Nature of the Out of Court Methods of Dispute Resolution Section Two – The Out of Court Options and How They Work in Practice Chapter Eight – Mediation and Hybrid Mediation Chapter Nine – Neutral Evaluation Chapter Ten – Collaborative Practice Chapter Eleven – The Private FDR Chapter Twelve – Arbitration Chapter Thirteen – The Certainty Project And Finally… Top Tips for Out of Court Dispute Resolution